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HomeMy Public PortalAbout03/12/2004a N March 5, 2004 MAYOR: William F. Koch, Jr. VICE MAYOR: Joan K. Orthwein COMMISSIONER: Fred B. Devitt III Robert W. Hopkins II William A. Lynch REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, MARCH 12, 2004 AT 9:00 A.M., IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. AGENDA I. Call to Order. II. Pledge of Allegiance. III. Roll Call. IV. Minutes of the Regular Meeting of February 13, 2004. V. Additions, withdrawals, deferrals, arrangement of agenda items. VI. Announcements. A. Regular Meetings and Public Hearings 1. Regular Meeting & Public Hearing 4 -8 -04 @ 9 A.M. 2. Regular Meeting & Public Hearing 5 -14 -04 @ 9 A.M. 3. Regular Meeting & Public Hearing 6 -11 -04 @ 9 A.M. 4. Regular Meeting & Public Hearing 7 -9 -04 @ 9 A.M. 5. Regular Meeting & Public Hearing 8 -13 -04 @ 9 A.M. VII. PUBLIC HEARING. A. Applications for Development Approval 1. An application submitted by Manuel Farach, as Agent for Donald Hedberg, the owner of property located at 700 Wrightway, Gulf Stream, Florida, which is legally described as Lot 1, H. V. Pope Subdivision. (Postponed from 2- 13 -04) a. VARIANCE to allow a boatlift to remain that is attached to a dock rather than the seawall which is in violation of Section 66- 369(6)f, and which was installed without a permit being applied for. b. VARIANCE to allow a dock that was installed without obtaining a building permit, a 12' long portion of which exceeds the maximum permitted width of 5' as provided in Section 66- 369(6)b., by 212 ". THIS VARIANCE REQUEST WAS WITHDRAWN BY AGENT AT ARPB HEARING. c. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to allow to remain, a nonconforming boat lift which was installed without a permit being issued. 2. An application submitted by Everett Jenner, as Agent for E. Hewlett Kent and Sheree L. Kent, the owners of property located at 520 Middle Road, Gulf Stream, Florida, which is legally described as Lot 19 and Part of Lot 20, Gulf Stream Cove Subdivision, Gulf Stream, FL 33483. a. SPECIAL EXCEPTION to permit construction of unenclosed covered porches that exceed the maximum FAR by 248 square feet. b. SPECIAL EXCEPTION to permit an addition to a structure with existing nonconforming setbacks that encroaches 11.5 feet into the total of the side setbacks. .w N X AGENDA CONTINUED Page 2 c. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit minimal demolition and the construction of a single story 2,399 sq. ft. addition to an existing one story Bermuda style dwelling at 520 Middle Road in Gulf Stream. 3. An application submitted by Roy Simon as Agent for Philip O'Donnell Lee, owner of the property located at 4227 County Road, Gulf Stream, Florida, which is legally described in metes and bounds in Government Lot 2, Sec. 34, Twnshp. 45 S., Range 43 E. in Gulf Stream. a. SPECIAL EXCEPTION to permit additions, consisting of a total of 675.8 square feet, that encroach 5' into the north side setback and a maximum of 3.25' into the front setback, to an existing single family dwelling with nonconforming setbacks. b. SPECIAL EXCEPTION to permit installation of air conditioning equipment for a structure on property that is less than 13,000 square feet in size, that would encroach 3' into the rear setback. c. LAND CLEARING PERMIT to clear area of construction. d. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit the construction of a single story addition on the rear and a small extension on the front, a total of 675.8 square feet, and a new roof on an existing nonconforming single story dwelling. VIII. Reports. A. Town Manager B. Architectural Review & Planning Board 1. Meeting Dates a. Regular Meeting & Public Hearing 3 -25 -04 @ 8:30 A.M. b. Regular Meeting & Public Hearing 4 -22 -04 @ 8:30 A.M. c. Regular Meeting & Public Hearing 5 -27 -04 @ 8:30 A.M. d. Regular Meeting & Public Hearing 6 -24 -04 @ 8:30 A.M. e. Regular Meeting & Public Hearing 7 -22 -04 @ 8:30 A.M. f. Regular Meeting & Public Hearing 9 -23 -04 @ 8:30 A.M. C. Finance Director 1. Financial Report for February 2004 D. Police Chief 1. Activity for February 2004 IX. Items for Commission Action. A. Selection of Personnel Consulting Firm B. Request to extend private sewer system C. Items by Mayor and Commissioners X. Public. XI. Adjournment. SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE TOWN COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, SAID PARTY WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE, MAY NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. F.S.S. 286.0105 A ..J MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, MARCH 12, 2004 AT 9:00 A.M., IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. I. Call to Order. Mayor Koch called the meeting to order at 9 A.M. II. Pledge of Allegiance. The Pledge of Allegiance was led by Mayor Koch. III. Roll Call. Present and Participating William F. Koch, Jr. Joan K. Orthwein Fred B. Devitt III William A. Lynch Robert W. Hopkins II Also Present and William Thrasher Participating: John Randolph Garrett Ward Rita Taylor Manuel Farach Dallas Durrance Ron Inman Hewlett Kent Everett Jenner Roy Simon Mayor Vice Mayor Commissioner Commissioner Commissioner Town Manager Town Attorney Police Chief Town Clerk Attorney for Hedberg Hedberg Engineer Hedberg Caretaker Applicant Agent for Mr. Kent Agent for Mr. Lee IV. Minutes of the Regular Meeting of February 13, 2004. Commissioner Lynch moved and Commissioner Hopkins seconded that the minutes be approved as circulated and all voted AYE. V. Additions, withdrawals, deferrals, arrangement of agenda items. There were none. VI. Announcements. A. Regular Meetings and Public 1. Regular Meeting & Public 2. Regular Meeting & Public 3. Regular Meeting & Public 4. Regular Meeting & Public 5. Regular Meeting & Public Mayor Koch announced these dates. Hearings Hearing 4 -8 -04 @ 9 A.M. Hearing 5 -14 -04 @ 9 A.M. Hearing 6 -11 -04 @ 9 A.M. Hearing 7 -9 -04 @ 9 A.M. Hearing 8 -13 -04 @ 9 A.M. Town Clerk Taylor asked that all persons who intended to speak please stand to take the Oath. The Clerk administered the Oath to Mr. Jenner, Mr. Kent, Mr. Simon, Mr. Inman, Mr. Farach and Mr. Durrance. Commissioner Devitt declared a conflict with the Hedberg application in that his mother has the property under contract for sale. He excused himself from the proceedings. Town Clerk Taylor asked if there were any exparte communications to declare. Regular Meeting & Public Hearing Town Commissioner Page 2 March 12, 2004 Commissioner Lynch disclosed that he had dinner with Mr. Simon but there were no discussions of the application. VII. PUBLIC HEARING. A. Applications for Development Approval 1. An application submitted by Manuel Farach, as Agent for C` Donald Hedberg, the owner of property located at 700 Wrightway, Gulf Stream, Florida, which is legally described as Lot 1, H. V. Pope Subdivision. (Postponed from 2- 13 -04) Mr. Farach displayed a site plan rendering of the existing boatlift and explained that the property has 250 feet of sea wall but due to the large quantity of mangroves there is approximately 120 to 130 feet of usable dock space. Mr. Farach stated that a portion of the dock exceeds the maximum permitted width of 5 foot and explained that it was installed as an added safety measure. He acknowledged that the code is very clear that this is not allowed and stated that part of the dock would be removed. Attorney Farach added that the mangroves cannot be removed and given that the property is on the open intraccastal waterway, a variance is being requested to allow the existing boatlift, which is attached to the dock to remain. Mr. Farach displayed photographs of existing boatlifts, which are attached to docks in the Town and added that he does not know if the boatlifts were installed before the current code. Attorney Farach asked Mr. Durrance, an engineer and expert witness, to explain the DEP regulations to the Commission. Mr. Durrance explained that due to the large quantity of mangroves adjacent to and on the property, there is a constant source of permanent soil sedimentation that washes in the area by the passing currents. With regard to permitting, the Corps of Engineers and the Department of Environmental Protection would prefer to extend piers and not to dredge. He added that it is more expensive to dredge and there is no assurance that a permit would be issued. Mr. Durrance stated that the mooring area that exists is preferred and there is more navigation area between two docks and no and no dredging is needed. Commissioner Hopkins asked why a permit was not applied. The Commissioner added that the Architectural Review and Planning Board and . ! the Town Commission spend a lot of time reviewing projects and they have to maintain the integrity of the Town's Ordinances. Town Manager Thrasher asked who installed the boatlift. Mr. Inman stated it was Southeast Atlantic Boatlifts. Mr. Farach called Mr. Inman to the stand and he testified that he is the property manager and that this property is the only one that has mangroves interfering with the seawall. Regular Meeting & Public Hearing Town Commissioner Page 3 March 12, 2004 In conclusion, Mr. Farach stated that Mr. Hedberg was not aware that a permit was required. He presented applicants justification of the eight conditions that are required for approval of a variance. Mr. Inman stated that if the boatlift were 5 feet closer to the seawall, O it would not allow the owner to use the boat during low tide, as it would be too shallow. Further -more, they would need to dredge every six months because of the heavy wake in the open intraccastal, which would be very costly to the homeowner. Mr. Inman admitted that it was his responsibility the boatlift was installed without a permit, as he was not aware that one was required. He did not believe that the resident should be blamed because of his mistake. Attorney Randolph advised the Commission that the reason for the boatlift being installed without a permit is not relevant. This application is to determine whether all eight criteria for a variance are met. Town Manager Thrasher advised that the ARPB recommended denial of the variance request, as they did not believe all eight criteria were met. He added that the ARPB did not specify which criteria. With regard to the existing boat docks, Mr. Thrasher said there is no way to know if other lifts installed on docks were installed before the current Code was adopted. However, no permits for this type of installation has been issued since the present Code was adopted. Attorney Randolph advised that if the Commission is confident that competent, substantial evidence have been present to show that all eight criteria are met, they could make a motion to approve the variance. Mr. Randolph stated that the Commission is not required to go through the eight criteria. Mr. Kent, a member of the ARPB, speaking from the audience, said the ARPB believed that 130 feet of seawall is more than enough space to install a boatlift. a. VARIANCE to allow a boatlift to remain that is attached to a dock rather than the seawall which is in violation of Section 66- 369(6)f, and which was installed without a permit being applied for. Commissioner Orthwein moved and Commissioner Hopkins seconded to deny the variance based upon the information that there is not competent, substantial evidence that all eight criteria of a variance have been met and that this is the minimum variance that would make reasonable use of the property. Roll Call: Comm. Lynch; NAY, Comm. Hopkins; AYE, Comm. Orthwein; AYE, and Mayor Koch; NAY. Mayor Koch commented that he believes that there may be a hardship in that there is not enough depth in the water and perhaps the applicant could provide engineering proof of the for Commission consideration at a future meeting. Regular Meeting & Public Hearing Town Commissioner Page 4 March 12, 2004 Town Clerk Taylor informed the Commission that the presentation to the ARPB did not include the presence of an engineer or his opinion. Commissioner Lynch moved and Commissioner Orthwein seconded to defer the application to the April 8th meeting in order to give the applicant an opportunity to gather proof to support the statements that were offered Cj to prove a hardship. Roll Call: Comm. Lynch; AYE, Comm. Hopkins; NAY, Comm. Orthwein; AYE, and Mayor Koch; AYE. b. VARIANCE to allow a dock that was installed without obtaining a building permit, a 12' long portion of which exceeds the maximum permitted width of 5' as provided in Section 66- 369(6)b., by 212 ". THIS VARIANCE REQUEST WAS WITHDRAWN BY AGENT AT ARPB HEARING. c. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to allow remaining, a nonconforming boatlift, which was installed without a permit being issued. Action will be taken on this item when the variance request is considered at the April 8th meeting. 2. An application submitted by Everett Jenner, as Agent for E. Hewlett Kent and Sheree L. Kent, the owners of property located at 520 Middle Road, Gulf Stream, Florida, which is legally described as Lot 19 and Part of Lot 20, Gulf Stream Cove Subdivision, Gulf Stream, FL 33483. Mr. Jenner displayed a site plan and explained that the proposed improvement includes minimal demolition and an addition to the existing single family house consisting of 2,246 square feet. The improvements include a new garage, master bedroom, covered loggia and pool house and the extension of an existing enclosed loggia. A new driveway will be added to the front with extensive hedging to screen the house and the new garage from the street. Mr. Jenner pointed out the eave height in the center of the rear elevation is 12 feet which is a discouraged element, he confirmed that the number of eave lines has been revised to less than five. Mayor Koch asked if the garage facing the street is allowed. Mr. Kent stated that the garage would be screened from the street with landscaping. a. SPECIAL EXCEPTION to permit construction of unenclosed covered porches that exceed the maximum FAR by 248 square feet. Commissioner Devitt moved and Commissioner Orthwein seconded to approve the Land Clearing Permit. Roll Call: Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, Comm. Orthwein; AYE, and Mayor Koch; AYE. Commissioner Devitt moved and Commissioner Orthwein seconded to approve the Special Exception to exceed Floor Area Ratio by 248 square feet with the condition that prior to the issuance of a Certificate of Completion Regular Meeting & Public Hearing Town Commissioner Page 5 March 12, 2004 the owner shall record a deed restriction requiring that 744 square feet of covered unenclosed lanai and porch shall forever remain unenclosed as long as the structure exists. Roll Call: Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, Comm. Orthwein; AYE, and Mayor Koch; AYE. b. SPECIAL EXCEPTION to permit an addition to a structure with existing nonconforming setbacks that encroaches 11.5 feet into the total of the side setbacks. Commissioner Devitt moved and Commissioner Orthwein seconded to approve the Special Exception to allow the addition to a dwelling with a non- conforming combined side setbacks to encroach 11.5 feet into the total of the side setbacks. Roll Call: Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, Comm. Orthwein; AYE, and Mayor Koch; AYE. c. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit minimal demolition and the construction of a single story 2,399 sq. ft. addition to an existing one story Bermuda style dwelling at 520 Middle Road in Gulf Stream. Commissioner Devitt moved and Commissioner Lynch seconded to approve the Level 3 Architectural /Site Plan based on a finding that the proposed minimal demolition and construction of a single story 2,399 square feet addition to an existing one story Bermuda style dwelling meets the minimum intent of the Design Manual and applicable review standards with the following conditions: 1) The chain link fence shall be screened on the outside. 2) Gulf Stream Removal Agreement and Driveway Permit shall be executed prior to issuance of permit. 3) PBC Health Department approval of the septic system shall be submitted prior to issuance of a building permit. 4) Hedge material shall be removed from the right -of- way within the visibility triangle that is 10 feet. 5) All outstanding permits shall be closed prior to the issuance of the building permit. Roll Call: Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, Comm. Orthwein; AYE, and Mayor Koch; AYE. Commissioner Orthwein commented that there are a lot of Special Exceptions being applied for and she is concerned that it will be difficult for Staff to maintain and enforce them in the future. 3. An application submitted by Roy Simon as Agent for Philip O'Donnell Lee, owner of the property located at 4227 County Road, Gulf Stream, Florida, which is legally described in metes and bounds in Government Lot 2, Sec. 34, Twnshp. 45 S., Range 43 E. in Gulf Stream. Mr. Simon displayed color renderings of the proposed improvements and explained that this is a nonconforming structure and the improvements include an addition consisting of 676 square feet that would encroach in the north side setback and the front setback. He explained that the air conditioning ducts are on the roof and he proposes to bring them inside. The roof structure is 4 X 6 timbers with cypress ceiling; the roof would be replaced with asphalt shingles. He is proposing to raise the pitch of the roof to meet the minimum requirements and the color scheme complies with the Town's approved color chart. Regular Meeting & Public Hearing Town Commissioner Page 6 March 12, 2004 Mayor Koch asked if there were any comments. There were none. a. SPECIAL EXCEPTION to permit additions, consisting of a total of 675.8 square feet, that encroach 5' into the north side setback and a maximum of 3.25' into the front setback, to an existing single family dwelling with nonconforming setbacks. Commissioner Lynch moved and Commissioner Devitt seconded to approve the Special Exception to permit construction of additions to an existing single family dwelling that encroach 5 feet into the north side setback and 3.25 feet into the front setback. Roll Call: Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, Comm. Orthwein; AYE, and Mayor Koch; AYE. b. SPECIAL EXCEPTION to permit installation of air conditioning equipment for a structure on property that is less than 13,000 square feet in size, that would encroach 3' into the rear setback. Commissioner Lynch moved and Commissioner Devitt seconded to approve the Special Exception to permit the installation of air conditioning equipment that encroaches 3 feet into the rear setback. Roll Call: Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, Comm. Orthwein; AYE, and Mayor Koch; AYE. c. LAND CLEARING PERMIT to clear area of construction. Commissioner Lynch moved and Commissioner Devitt seconded to approve the Land Clearing Permit. Roll Call: Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, Comm. Orthwein; AYE, and Mayor Koch; AYE. d. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit the construction of a single story addition on the rear and a small extension on the front, a total of 675.8 square feet, and a new roof on an existing nonconforming single story dwelling. Commissioner Lynch moved and Commissioner Devitt seconded to approve the Level 3 Architectural /Site Plan based on a finding that the proposed 676 square feet addition to an existing one story contemporary style dwelling meets the minimum intent of the Design Manual and applicable review standards. Roll Call: Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, Comm. Orthwein; AYE, and Mayor Koch; AYE. VIII. Reports. A. Town Manager Town Manager Thrasher reported that he is in the process of obtaining preliminary drawings for the maintenance building for review. B. Architectural Review & Planning Board 1. Meeting Dates a. Regular Meeting & Public Hearing 3 -25 -04 @ 8:30 A.M. b. Regular Meeting & Public Hearing 4 -22 -04 @ 8:30 A.M. c. Regular Meeting & Public Hearing 5 -27 -04 @ 8:30 A.M. d. Regular Meeting & Public Hearing 6 -24 -04 @ 8:30 A.M. e. Regular Meeting & Public Hearing 7 -22 -04 @ 8:30 A.M. a. Regular Meeting & Public Hearing 9 -23 -04 @ 8:30 A.M. Town Clerk Taylor announced these dates. Regular Meeting & Public Hearing Town Commissioner Page 7 March 12, 2004 C. Finance Director 1. Financial Report for February 2004 Mr. Thrasher asked that the report be accepted as submitted, if there were no questions. O Commissioner Devitt asked if there were any matters that the Commission needs to be aware of. Town Manager Thrasher stated that there were none at this time. Commissioner Orthwein moved and Commissioner Lynch seconded to approve the financial report. Roll Call: Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, Comm. Orthwein; AYE, and Mayor Koch; AYE. D. Police Chief 1. Activity for February 2004 Chief Ward asked that the report be accepted as submitted, if there were no questions, and added that the Police Department and the Town Manager received recertification training for the defibrillator and CPR. The Chief stated that a couple of the officers had the opportunity to utilize their training recently on a medical call and thus saving a resident's life. Two new police cars have been delivered and Lieutenant Allen has been detailing the new police cars, saving the Town $1500. IX. Items for Commission Action. A. Selection of Personnel Consulting Firm Town Manager Thrasher reminded that the Town's 2004 budget includes $7500 for professional consulting services to review and update the Town's personnel policy. Mr. Thrasher explained that the employee manual and application forms are over a decade old and he was advised by the Town's labor attorney to revise the entire personnel policy including revising the job descriptions. The Town published a public request for quotes and received eight qualified submittal packets. The Town Manager advised that he reviewed the responses and recommended Human Resource Performance Consultant (HRPC) from Brandon Florida. Chief Ward stated that he is working with the Florida Department of Law Enforcement to define the Police Department policy and job descriptions. Commissioner Orthwein moved and Commissioner Lynch seconded to approve HRPC services not to exceed $5140. Roll Call: Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, Comm. Orthwein; AYE, and Mayor Koch; AYE. B. Request to extend private sewer system Town Manager Thrasher explained that the Gulf Stream Home Owners Association is requesting to extend the sewer line east from Polo Drive on the north side of Golfview Road in order to provide sewer service to the resident at 2900 Gulf Stream Road. Commissioner Orthwein moved and Commissioner Hopkins seconded to approve the extension of private sewer system with the following conditions: 1) All required permits and approvals from other agencies, especially Palm Regular Meeting & Public Hearing Town Commissioner Page 8 March 12, 2004 Beach County Heath Department and the City of Boynton Beach, be obtained prior to commencing. 2) Record drawings of the installation shall be submitted to the Town. 3) Location of the line shall be approved by Town Manager. Roll Call: Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, Comm. Orthwein; AYE, and Mayor Koch; AYE. C. Items by Mayor and Commissioners CMayor Koch advised that CPR lessons would be made available to the town residents at the Town Hall. The first of next year was suggested since most residents are in Town at that time. X. Public. There were no comments from the public. XI. Adjournment. Commissioner Lynch moved and Commissioner Orthwein seconded to adjourn the meeting at 10:35 A.M. with all voting in the affirmative. Z. �Fc" Y onne E. Eckert, CMC Deputy Town Clerk N FORM 80 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS CI T) NAML— MIDOLI: NAME ADDRESS 100 Sea Road Gulf Stream palm Beach UAI I: ON N'HIC11 volt OCCUR 3 -12 -04 t t .ME OF BOARD. COUNCIL, COMMISSION, AUTHORITY, OR COMMITTI Town Cauntission, Gulf Stream, Florida THE BOARD. COUNCIL. COMMISSION, AUTHORITY, OR WHICH I SERVE IS A UNIT OF: Xf= COUNTY 'OTHER LOCAt AGENCY LNAML OF POLITICAL SUBUI VISION: Town of Gulf Stream MY WHO MUST FILE FORM 88 EL6105YE .; APPOINTIVE This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presented with a voting conflict of interest udder Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although the use of this particular form is not required by law, you arc encouraged to use it in making the disclosure required by law. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. kPPO1NTED OFFICERS: k person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which nures to his special private gain. Each local officer also is prohibited froth knowingly voting on a measure which inures to the ^ial gain of a principal (other than a government agency) by whom he is retained. t person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must inclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether Lade by the officer or at his direction. F YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH HE VOTE WILL BE TAKEN: You should complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. A copy of the form should be provided immediately to the other members of the agency. The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. 10\1 .Il to,, IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You should disclose orally the nature of your conflict in the measure before participating. • You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. Fred B. Devitt III DISCLOSURE OF LOCAL OFFICER'S INTEREST hereby disclose that on Mach 12, 2004 (a) A measure came or will come before my agency which (check one) inured to my special private gain: or , 19 x inured to the special gain of Betty Devitt (my mother) by whom I am retained. (b) The measure before my agency and the nature of my interest in the measure is as follows: My mother has the real estate listing for a property owned by Donald Hedberg in the Town of Gulf Stream. The Town Comnission, of which I am a member, was considering an application for a variance submitted by Mr. Hedberg that applied to the same property. Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985),'A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY'ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. .E FORM 1a. I0.96 PAGE NOTICE OF APPLICATION FOR DEVELOPMENT APPROVAL NOTICE IS HEREBY GIVEN that the Architectural Review and Planning Board of the Town of Gulf Stream will hold a Public Hearing on April 22, 2004 at 8:30 A.M., and the Town Commission will hold a Public Hearing on May 14, 2004 at 9:00 A.M., both in the Commission Chambers of the Town Hall, 100 Sea Road, Gulf Stream, Florida, at which the following will be considered: An application submitted by Shane Ames of Ames Design International, as agent for Emerald Row, LLC, the owner of the property located at 955 Emerald Row, Gulf Stream, Florida, which is legally described as Lot 60 and a portion of Lot 61, Place Au Soleil subdivision, for the following: 1. SPECIAL EXCEPTION to permit construction of unenclosed covered Porches that exceed the maximum FAR by 211 square feet. 2. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit construction of a two story Bermuda style single family dwelling consisting of 7,155 square feet. The Architectural Review and Planning Board shall make a recommendation to the Town Commission, and the Town Commission shall make a final decision regarding the subject application at the meetings noticed above. These meetings may be adjourned from time to time and place to place as may be necessary to hear all parties and evidence. The complete application materials are on file in the Office of the Town Clerk located at 100 Sea Road, Gulf Stream, Florida 33483, and may be reviewed during regular business hours, which generally include non - holiday weekdays from 9:00 A.M. to 4:00 P.M. ALL PARTIES INTERESTED IN THESE MATTERS may appear before the Architectural Review and Planning Board and the Town Commission of the Town of Gulf Stream at the times and place aforesaid and be heard. SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE ARCHITECTURAL REVIEW AND PLANNING BOARD OR THE TOWN COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THESE PUBLIC HEARINGS, SAID PARTY WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE, MAY NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 286.0105, F.S.S. TOWN OF GULF STREAM, FLORIDA Dated: April 1, Eik VIf Tcqy,— Rita L. Taylor, own Clerk